New regulations of the Water Authority of the Province of Buenos Aires

Under the attributions granted to the Water Authority of the Province of Buenos Aires by the local Water Code issued by Law N°12,257, the above-mentioned organism recently issued the following resolutions

1.    Modification of the proceedings to obtain the permissions for the exploration and exploitation of underground water resources

According to Provincial Law No 5965, in order to exploit the underground water resource or the superficial water resource, the applicant must previously obtain an authorization, which must contains the annual authorized volumes to extract and for which must pay an annual cannon.

On August 15, 2008, the Water Authority issued Resolution No 289/2008, replacing Resolutions ADA No 8/2004 and No 333/2006. New requirements were set up to:

(a)   the filing of the applications of water availability and drilling permission of underground water resources (Annex 1),

(b)   the filing of applications for the exploitation of underground water resources (Annex 2),

(c)   the filing of applications for the installation of evacuation works of excreta on the ground (Annex 3),

(d)   the filing of applications for the feasibility and settlement of cemeteries (Annex 4),

(e)   the filing of applications for the installation of cathodic protection (Annex 5), and

(f)    the filing of applications for the approving of drinking water works, treatment and discharging of liquid effluents (Annex 6), including works executed without prior permission (Annex 7).

To have access to the new requirements established by the Water Authority for the procedure to obtain each type of permission, please click here.

In order to obtain the permission the applicant must not have any debt with the Water Authority. In this order of ideas it was established a payment facility plan, analyzed below.

2.    Modification of standards for the discharge of some kinds of liquid effluents

Under Provincial Law No 5,965, in 1998 the provincial competent authority (AGOSBA) established the quality laws of dumping hazardous liquid effluents and industrial liquid effluents to the different bodies receptors. The mentioned Law was modified by Resolution No 336/2003 that established new standards of dumping.

Recently, by Resolution No 335/2008, the Water Authority established news standards for the discharge of some kinds of liquid effluents, replacing the provisions of previous Resolution 336/03.

With this new regulations, the Water Authority established standards -that did not exist up to the date- of presence of volatile organic compounds (VOCs) on liquid effluents that usually arise on solutions of wastewater process, contaminated with hydrocarbons.

The new standards of discharge were established pursuant to the provisions of the environmental agency of the United Sates of America (Environmental Protection Agency), and they would only be applied to cases where the effluent is carried by closed systems such as sewage collectors, or pluvial closed ducts.

For effluents that are discharged to storm in open sky or to superficial water bodies, applies the values established by Annex II of the Regulatory Decree PEN No 831/1993 of the Argentine Law of Hazardous Waste on their tables 2, 3 and 4 corresponding to “Superficial Sweet Water”, “Superficial Salty Water” and “Superficial Brackish Water”, respectively. To check new standards click here.

To have access to the standards of “Superficial Sweet Water” established by Table 2 of Decree No 831/1993, please click here.

To have access to the standards of “Superficial Salty Water” established by Table 3 of Decree No 831/1993, please click here.

To have access to the standards of “Superficial Brackish Water” established by Table 4 of Decree No 831/1993, please click here.

In addition to the modifications of the standards of the quality of the effluent, with this Resolution the Water Authority established new requirements in order to:

(a)   filing of Hydrogeologic Studies and Solution Proyects, and

(b)   obtaining and proceeding of the precarious permissions of liquids effluents emission arising from any underground water solution process. The permission will be initially in force for two years.

3.    Granting for debts payments facilities

By Resolution No 275/2008, the Water Authority established payment plans to cancel fines applied under the Law No 5965 of Protection of the Sources of Provision and Water and Atmosphere Receptive Bodies.

According to the mentioned Resolution, fines between AR$ 344 and AR$ 344,200, will be subject to the payment plan detailed below determinated in relation with the original amount

The plan of facilities expires if two consecutive payments or four alternate payments are not dully fulfilled

In this situation an execution paper will be issued, and would be executed at judicial courts.

Applying to the facilities payment plan will imply the express recognition of the debt, and it shall be considered – furthermore- as a causal of interruption of statute of limitation of the rights of verification and the action of collecting a fine by the Water Authority of Water or the Provincial Treasury.